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Z22-11 Staff ReportZ22-11 Staff Report PB 5.5.2022 Page 1 of 15 STAFF REPORT FOR Z22-11 CONDITIONAL REZONING APPLICATION APPLICATION SUMMARY Case Number: Z22-11 Request: Rezoning to a Conditional B-1 district Applicant: Property Owner(s): Martie Murphy with SHJ Construction Waverly Investments Location: Acreage: 8005-8015 Market St 1.75 PID(s): Comp Plan Place Type: R03600-003-074-000 & R03600-003-075- 000 Urban Mixed Use Existing Land Use: Proposed Land Use: Undeveloped Car Wash Current Zoning: Proposed Zoning: O&I, Office & Institutional (CZD) B-1, Neighborhood Business SURROUNDING AREA LAND USE ZONING North Commercial Services (Walmart) CZD B-2 East Commercial Services (Battleship Cycles & Marine)- across Market St. I-1 South Commercial Services O&I, I-1 West Single-Family Residential R-15 Z22-11 Staff Report PB 5.5.2022 Page 2 of 15 ZONING HISTORY July 6, 1971 Initially zoned R-15 July 7, 2003 Approved Rezoning Case Z-764: Rezoned from R-15 to O&I for proposed offices. July 11, 2005 Approved Rezoning Case Z-797: Rezoned from R-15 to O&I for YMCA expansion. COMMUNITY SERVICES Water/Sewer Water services are available through CFPUA. Sanitary sewer is available through CFPUA with a force main connection or can be serviced by a private septic system approved and permitted by the NHC Health Department. Fire Protection New Hanover County Fire Services, New Hanover County Northern Fire District, New Hanover County Ogden Station Schools Porters Neck Elementary, Holly Shelter Middle, and Laney High Schools Recreation Ogden Park CONSERVATION, HISTORIC, & ARCHAEOLOGICAL RESOURCES Conservation Pocosin (8015 Market St) [not sufficient for minimum distinct area per UDO Table 5.7.2.A but is present on site] Historic No known historic resources Archaeological No known archaeological resources Z22-11 Staff Report PB 5.5.2022 Page 3 of 15 APPLICANT’S PROPOSED CONCEPTUAL PLAN Includes Staff Markups • The applicant is proposing to construct a 2310 sq ft drive-thru carwash with an adjacent 896 sq ft equipment room. In addition, there will be 30 vacuum stalls in the northern and central portions of the site. • The applicant’s proposed conceptual plan includes preserving several onsite plantings located in the 75’ setback in the Special Highway Overlay District (SHOD). The SHOD is designed to protect the natural beauty and scenic vista that exists along specially designated roadways that serve as major accessways and gateways into unincorporated New Hanover County. Z22-11 Staff Report PB 5.5.2022 Page 4 of 15 ZONING CONSIDERATIONS • The B-1 district was established to provide lands that accommodate a range of small-scale, low-intensity, neighborhood-serving commercial development that provide goods and services to residents of adjacent neighborhoods. District regulations are intended to ensure uses, development intensities, and a development form that is consistent with a pedestrian- friendly walkable and neighborhood scale. • Much of the surrounding area is developed, including the boat and bicycle sales across Market St. and the adjacent Walmart to the north. • The O&I district, as the property is currently zoned, is intended to provide lands that accommodate institutional, professional office and other compatible uses. There are a wide variety of uses permitted in O&I. Common uses include residential, educational, civic (government services) and office (medical, light commercial). • Under both the current O&I zoning and the proposed (CZD) B-1 zoning, there would be a required 30’ rear setback and an opaque buffer with landscaping required for the adjacent residential properties. The B-1 district also limits maximum building height to two stories or 40’. No building on this site plan will exceed those limits. • The proposed site is located in the SHOD, which prescribes a minimum 100’ front setback for buildings. This may be reduced by 25% if the development provides additional plantings along the right-of-way. • The UDO contains controls on exterior lighting on the site, and the maximum illumination levels at the common property line with the residential properties to the north shall not exceed 0.5 foot candles. The UDO does not prescribe limitations on the height, wattage, bulb-type, or fixture type, and these can be further limited with a conditional zoning request if mutually agreed upon by the applicant. • If approved, the project would be subject to Technical Review Committee and Zoning Compliance review processes to ensure full compliance with all ordinance requirements and specific conditions included in the approval. Only minor deviations from the approved conceptual plan, as defined by the UDO, would be allowed. Z22-11 Staff Report PB 5.5.2022 Page 5 of 15 AREA SUBDIVISIONS UNDER DEVELOPMENT Z22-11 Staff Report PB 5.5.2022 Page 6 of 15 TRANSPORTATION • Access is proposed to be provided to the subject property from Sweetwater Drive, a private local road. • Access on Sweetwater Drive will be full-access in/out. • Entrance to Market Street from Sweetwater Drive is right-turn only. Motorists wanting to travel North on Market Street must turn right from Sweetwater Drive and make a U-turn at Marsh Oaks Drive. • If the subject property were developed with the 15%-18% building footprint typical for properties with O&I zoning and used for professional and medical offices, approximately 0.26 acres could be built. Z22-11 Staff Report PB 5.5.2022 Page 7 of 15 • The estimated traffic generated from the site is under the 100 peak hour threshold that triggers the ordinance requirement for a Traffic Impact Analysis (TIA). • Per the WMPO, the ITE trip generation manual does not include peak AM trips for this use. It does include Saturday peak trips, which is reflected in the above table. • Because a TIA is not required to analyze transportation impacts at this time, Staff has provided the volume to capacity ratio for the adjacent roadway near the subject site. While volume to capacity ratio, based on average daily trips, can provide a general idea of the function of adjacent roadways, the delay vehicles take in seconds to pass through intersections is generally considered a more effective measure when determining the Level of Service of a roadway. NCDOT Average Annual Daily Traffic (AADT) - 2019 Road Location Volume Capacity V/C Market St Mendenhall-Marsh Oaks Dr to Porters Neck Road (~8000 block) 46,539 41,369 1.125 Intensity Approx. Peak Hour Trips Existing Development: Undeveloped 0 AM / 0 PM Typical Development under Current Zoning: 13,000 sq ft office building (typical O&I buildout on this acreage) 40 AM / 51 PM Proposed Development: 3,206 sq ft. carwash w/ 30 vacuum bays 78 PM / 41 Saturday Z22-11 Staff Report PB 5.5.2022 Page 8 of 15 Nearby Planned Transportation Improvements and Traffic Impact Analyses Nearby NC STIP Projects: • STIP Project U-4902D Project U-4902D will install access management improvements on Market Street from Lendire Road to Marsh Oaks Drive. The improvements include the installation of a center median, sidewalk, and multi-use path. Project is currently under construction. Other Nearby Transportation Projects: • NHC Parks & Gardens Multi-Use Path (part of U-4902D) A multi-use path will be installed across the subject property to connect to the sidewalk on the adjacent property. Construction easements are already in place. Z22-11 Staff Report PB 5.5.2022 Page 9 of 15 Nearby Traffic Impact Analyses: Traffic Impact Analyses (TIAs) are completed in accordance with the WMPO and NCDOT standards. Approved analyses must be re-examined by NCDOT if the proposed development is not completed by the build out date established within the TIA. Proposed Development Land Use/Intensity TIA Status 1. The Oaks at Murray Farm • 204 Apartments • 34 Duplex Units • 62 Single-Family Dwellings • TIA approved December 6, 2019 • 2023 Build Out Year The TIA required improvements be completed at certain intersections in the area. The notable improvements consisted of: • Installation of a second westbound right-turn land on “Old” Market Street at Hwy 17 • Revising signal plan to modify phase at the Hwy 17 and “Old” Market Street intersection Nearby Proposed Developments included within the TIA: • Waterstone Development Status: No construction has occurred at this time. Proposed Development Land Use/Intensity TIA Status 2. The Primrose School of Mayfaire • Day Care Center, up to 191 students • TIA approved September 29, 2021 • 2022 Build Out Year The TIA required improvements be completed at certain intersections in the area. The notable improvements consisted of: • Extension of the southbound left turn lane on Hwy 17 to 400 ft of storage with an appropriate deceleration and taper length. • Provide a northbound right turn lane with 75 ft of storage and appropriate deceleration and taper on Hwy 17 • Construct the site access as right in/right out only, with one ingress lane and one egress lane on Hwy 17 • Provide stop control for the westbound approach and 100 feet of internal protected stem on Hwy 17 • Construct the site access with one ingress lane and one egress lane on Marsh Oaks Dr • Provide stop control for the southbound approach and 100 feet of internal protected stem on Marsh Oaks Dr. Nearby Proposed Developments included within the TIA: • Marsh Oaks Development Status: No construction has occurred at this time. Z22-11 Staff Report PB 5.5.2022 Page 10 of 15 Proposed Development Land Use/Intensity TIA Status 3. The Bailey Shoppes • 11,800 sq ft building, commercial • 3,000 sq ft building, commercial • TIA approved February 20, 2018 • 2022 Build Out Year The TIA requires improvements be completed at certain intersections in the area. The notable improvements consisted of: • Hwy 17- Construct a dedicated southbound right-turn lane from Bump Along Road to Mendenhall Drive. This turn lane will tie into the U-turn bump out being provided by U- 4902D. • Bump Along Road- Site Drive 1 must be located on Bump Along Road so that it provides a minimum corner clearance from 100ft from Market St. • Raintree Road- provide interconnectivity of the development site to Raintree Road by providing a two-way, two lane road connection matching the pavement width and typical section at the property line. Nearby Proposed Developments included within the TIA: • None Development Status: No construction has occurred at this time. ENVIRONMENTAL • The property is not within a Natural Heritage Area. • The property is within the Pages Creek watershed. • Per the Classification of Soils in New Hanover County for Septic Tank Suitability, soils on the property consist of Class III soils. Class III indicates severe limitation. However, the site is expected to be served by CFPUA when developed. These soils will not impact this project. Z22-11 Staff Report PB 5.5.2022 Page 11 of 15 OTHER CONSIDERATIONS Representative Developments Representative Developments of O&I (Existing Zoning): Medical Office Synergy POS, Oleander Dr Z22-11 Staff Report PB 5.5.2022 Page 12 of 15 Representative Developments of B-1 (Proposed Zoning) Caliber Car Wash, Market St Fins Car Wash, Market St Z22-11 Staff Report PB 5.5.2022 Page 13 of 15 Context and Compatibility • The property is located along Market Street, a major commercial corridor. • The proposed site is located inside the Porters Neck Growth Node, an area of the county that is seeing rapid growth. • Both parcels were rezoned to O&I in the early 2000’s; the 2016 Comprehensive Plan recommends a mixture of commercial uses in this area. • Much of the surrounding land to the North is used for residential purposes, while parcels to the South, West and the East are developed for commercial use. • After the completion of the Military Cutoff Rd. extension (proposed in 2023), some of the traffic flow will be alleviated in this area. The Porters Neck commercial service node will become more of a destination for nearby residents rather than a pass-through area for traffic traveling to and from Pender County. 2016 COMPREHENSIVE PLAN The New Hanover County Future Land Use Map provides a general representation of the vision for New Hanover County’s future land use, as designated by place types describing the character and function of the different types of development that make up the community. These place types are intended to identify general areas for particular development patterns and should not be interpreted as being parcel specific. Z22-11 Staff Report PB 5.5.2022 Page 14 of 15 Future Land Use Map Place Type Urban Mixed Use Located inside the Porters Neck Growth Node Place Type Description Promotes development of a mix of residential, office, and retail uses at higher densities. Types of uses encouraged include office, retail, mixed use, small recreation, commercial, institutional, single-family, and multi-family residential. Analysis The subject property is located in the northeastern portion of the county along a major road corridor and is in the Porters Neck Growth Node. It is in close proximity to both residential uses and other commercial services. The Comprehensive Plan classifies the property as Urban Mixed Use, which promotes development of a mix of residential, office and retail uses at higher densities. This place type encourages commercial use and is intended to support more density near major roads. The applicant is proposing a 2,310 sq ft carwash facility in addition to 30 vacuum stalls on a 1.75 acre site. Commercial uses such as carwashes match the intent of the proposed B-1 zoning district, which is to provide lands that accommodate neighborhood-serving commercial development. This is the type of use that one is likely to see along a commercial corridor. The proposal meets the intent of the Urban Mixed Use place type, which encourages commercial use and more density near major roads. This proposed site is also located in the Porters Neck growth node, an area of the county that is poised for and undergoing rapid growth; the facility would serve the needs of the growing area. Consistency Recommendation The proposed rezoning is generally CONSISTENT with the 2016 Comprehensive Plan because the project provides for a type of commercial service that is appropriate for this area. Z22-11 Staff Report PB 5.5.2022 Page 15 of 15 STAFF RECOMMENDATION The Porters Neck Growth Node is located along a major commercial corridor and is positioned for growth. This proposal is in line with the commercial uses encouraged by the Urban Mixed Use place type. As a result, Staff recommends approval of the proposal and suggests the following motion: I move to recommend APPROVAL of the proposed rezoning. I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because it is located in an area designated as Urban Mixed Use and as a growth node and provides for the uses that are appropriate for this area. I also find APPROVAL of the rezoning request is reasonable and in the public interest because the proposal provides neighborhood-serving commercial development. Alternative Motion for Denial I move to recommend DENIAL of the proposed rezoning to a (CZD) B-1. While I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because it is located in an area designated as Urban Mixed Use and as a growth node and provides for the uses that are appropriate for this area, I find DENIAL of the rezoning request is reasonable and in the public interest because it is not consistent with the desired character of the surrounding community and will adversely impact the adjacent neighborhood.